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Session Laws, 2004
Volume 801, Page 2473   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 524

[(f)] (G) (1) "Sexual contact", as used in §§ 3-307 and 3-308 of this subtitle,
means an intentional touching of the victim's or actor's genital, anal, or other
intimate area for sexual arousal or gratification, or for the abuse of either party.

(2) "Sexual contact" includes an act:

(i) in which a part of an individual's body, except the penis, mouth,
or tongue, penetrates, however slightly, into another individual's genital opening or
anus; and

(ii) that can reasonably be construed to be for sexual arousal or
gratification, or for the abuse of either party.

(3) "Sexual contact" does not include:

(i) a common expression of familial or friendly affection; or

(ii) an act for an accepted medical purpose.

[(g)] (H) (1) "Vaginal intercourse" means genital copulation, whether or not
semen is emitted.

(2) "Vaginal intercourse" includes penetration, however slight, of the
vagina.

3-307.

(a) A person may not:

(1) (i) engage in sexual contact with another without the consent of
the other; and

(ii) 1. employ or display a dangerous weapon, or a physical object
that the victim reasonably believes is a dangerous weapon;

2. suffocate, strangle, disfigure, or inflict serious physical
injury on the victim or another in the course of committing the crime;

3. threaten, or place the victim in fear, that the victim, or an
individual known to the victim, imminently will be subject to death, suffocation,
strangulation, disfigurement, serious physical injury, or kidnapping; or

4. commit the crime while aided and abetted by another;

(2) engage in sexual contact with another if the victim is a mentally
defective individual, a mentally incapacitated individual, or a physically helpless
individual, and the person performing the act knows or reasonably should know the
victim is a mentally defective individual, a mentally incapacitated individual, or a
physically helpless individual;

(3) engage in sexual contact with another if the victim is under the age of
14 years, and the person performing the sexual contact is at least 4 years older than
the victim;

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Session Laws, 2004
Volume 801, Page 2473   View pdf image
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